2. 5.01a e-Commerce Legislation 2
Fair Trade ActFair Trade Act
Protects consumersProtects consumers
against being misled oragainst being misled or
treated unfairly bytreated unfairly by
traders or shops bytraders or shops by
prohibition ofprohibition of
misrepresentation.misrepresentation.
Protects shoppers onProtects shoppers on
the Internet fromthe Internet from
misrepresentation asmisrepresentation as
well.well.
3. 5.01a e-Commerce Legislation 3
Interstate Commerce ActInterstate Commerce Act
Provides regulations byProvides regulations by
the US Government forthe US Government for
domestic surfacedomestic surface
transportation in interstatetransportation in interstate
commerce.commerce.
Establishes reasonableEstablishes reasonable
and just rates forand just rates for
transportation of goods,transportation of goods,
services, or people.services, or people.
4. 5.01a e-Commerce Legislation 4
E-Privacy ActE-Privacy Act
Designed to protectDesigned to protect
individual privacy while at theindividual privacy while at the
same time addressingsame time addressing
national security and lawnational security and law
enforcement concerns andenforcement concerns and
modernizing export controlmodernizing export control
on commercial encryptionon commercial encryption
products.products.
Keeps others, including theKeeps others, including the
government, from invadinggovernment, from invading
your privacy in cyberspace.your privacy in cyberspace.
5. 5.01a e-Commerce Legislation 5
Internet Tax Freedom ActInternet Tax Freedom Act
It is suggested that the federalIt is suggested that the federal
government mandate an internet tax ofgovernment mandate an internet tax of
5% on Internet commerce which will be5% on Internet commerce which will be
redistributed to the states to keep theredistributed to the states to keep the
states from creating irrational tax policies.states from creating irrational tax policies.
Recommendation: “Not A Law”Recommendation: “Not A Law”
6. 5.01a e-Commerce Legislation 6
Millennium Digital Commerce ActMillennium Digital Commerce Act
Interstate electronicInterstate electronic
commerce contractscommerce contracts
should not be deniedshould not be denied
validity solelyvalidity solely
because they werebecause they were
signed electronically.signed electronically.
Credit cardCredit card
signatures over thesignatures over the
Internet are legalInternet are legal
due to this piece ofdue to this piece of
legislation.legislation.
7. 5.01a e-Commerce Legislation 7
TheThe Telecommunications ActTelecommunications Act
The US has a policy “toThe US has a policy “to
preserve the vibrant andpreserve the vibrant and
competitive free market thatcompetitive free market that
presently exists for thepresently exists for the
Internet and other interactiveInternet and other interactive
computer services,computer services,
unfettered by Federal orunfettered by Federal or
State regulations.”State regulations.”
At this time, neither FederalAt this time, neither Federal
nor State regulations cannor State regulations can
hinder a consumer from thehinder a consumer from the
free market possibilities offree market possibilities of
the Internet.the Internet.
8. 5.01a e-Commerce Legislation 8
AccessibilityAccessibility LegislationLegislation
Assistive TechnologyAssistive Technology The World Wide WebThe World Wide Web
Consortium (W3C) developsConsortium (W3C) develops
the common protocols usedthe common protocols used
on the Web to insureon the Web to insure
interoperability to promoteinteroperability to promote
universal access (universal access (
http://www.w3.org/WAI/http://www.w3.org/WAI/).).
The W3C's Web AccessibilityThe W3C's Web Accessibility
Initiative (WAI) has proposedInitiative (WAI) has proposed
guidelines for all Web authors.guidelines for all Web authors.
9. 5.01a e-Commerce Legislation 9
AccessibilityAccessibility LegislationLegislation
Section 508 of the 1998 Amendments to the RSection 508 of the 1998 Amendments to the R Section 508 guidelinesSection 508 guidelines andand
Web Content AccessibilityWeb Content Accessibility
Guidelines (WCAG) 1.0Guidelines (WCAG) 1.0
addresses priority levelsaddresses priority levels
during the design processduring the design process
and by practicingand by practicing
universal/user-centereduniversal/user-centered
design conventions.design conventions.
Establishes requirementsEstablishes requirements
for any electronic andfor any electronic and
information technologyinformation technology
developed, maintained,developed, maintained,
procured, or used by theprocured, or used by the
Federal government.Federal government.
10. 5.01a e-Commerce Legislation 10
AccessibilityAccessibility LegislationLegislation
The Americans with DisabilitiesThe Americans with Disabilities
Act (ADA) of 1990 requires thatAct (ADA) of 1990 requires that
U.S. programs and services beU.S. programs and services be
accessible to individuals withaccessible to individuals with
disabilities.disabilities.
There is no "letter of the law" inThere is no "letter of the law" in
regards to the Americans withregards to the Americans with
Disabilities Act (ADA) and webDisabilities Act (ADA) and web
pages. Section 508 addressespages. Section 508 addresses
Web pages.Web pages.
A 1996 Department of JusticeA 1996 Department of Justice
ruling makes it clear that ADAruling makes it clear that ADA
accessibility requirements applyaccessibility requirements apply
to Internet resources.to Internet resources.
ADAADA
11. 5.01a e-Commerce Legislation 11
Anti-Cybersquatting Consumer ProtectAnti-Cybersquatting Consumer Protect
Created byCreated by
Congress toCongress to
discouragediscourage
cybersquattingcybersquatting
Signed by PresidentSigned by President
Clinton, NovemberClinton, November
29, 199929, 1999
An Act to provide forAn Act to provide for
the registration andthe registration and
protection ofprotection of
trademarks used intrademarks used in
commercecommerce
12. 5.01a e-Commerce Legislation 12
The Copyright Term Extension Act of 1The Copyright Term Extension Act of 1
Alternatively known as theAlternatively known as the Sonny BonoSonny Bono
Copyright Term Extension ActCopyright Term Extension Act
Known as the Mickey Mouse Protection ActKnown as the Mickey Mouse Protection Act
Disney law suit extended a work ofDisney law suit extended a work of
corporate authorshipcorporate authorship
Author’s (corporate authorship) life + 95 yearsAuthor’s (corporate authorship) life + 95 years
(special case for owners of Pooh, Mickey Mouse,(special case for owners of Pooh, Mickey Mouse,
etc).etc).
13. 5.01a e-Commerce Legislation 13
This Act applies to services in theThis Act applies to services in the
information society.information society.
This Act does not applyThis Act does not apply
under circumstancesunder circumstances
relating to:relating to:
Taxation.Taxation.
Personal data protection.Personal data protection.
The rules of theThe rules of the
Competition Act governingCompetition Act governing
competition-restrictingcompetition-restricting
agreements, resolutionsagreements, resolutions
and coordinated practice,and coordinated practice,
abuse of dominant positionabuse of dominant position
and merger control.and merger control.
This Act does not applyThis Act does not apply
under circumstancesunder circumstances
relating to:relating to:
The activities of notaries orThe activities of notaries or
similar activities linked tosimilar activities linked to
the exercise of officialthe exercise of official
authority.authority.
The representation ofThe representation of
clients in court.clients in court.
Games that involve wagingGames that involve waging
a stake with monetarya stake with monetary
value, including lotteriesvalue, including lotteries
and betting transactions.and betting transactions.
E-Commerce ActE-Commerce Act
14. 5.01a e-Commerce Legislation 14
Sales TaxSales Tax
The United StatesThe United States
Supreme Court hasSupreme Court has
exempted most Internetexempted most Internet
and mail order firms fromand mail order firms from
collecting state and localcollecting state and local
sales taxessales taxes
The courts cites adverseThe courts cites adverse
impact on interstateimpact on interstate
commerce.commerce.
SeeSee
National Bellas Hess v. IllinoisNational Bellas Hess v. Illinois
andand Quill v. North DakotaQuill v. North Dakota
15. 5.01a e-Commerce Legislation 15
Other Legislation to ConsiderOther Legislation to Consider
Financial Modernization LegislationFinancial Modernization Legislation
Encryption LegislationEncryption Legislation
VPNVPN- Short for- Short for vvirtualirtual pprivaterivate nnetwork,etwork, aa networknetwork
that is constructed by using public wires to connectthat is constructed by using public wires to connect
nodes that uses encryption and other securitynodes that uses encryption and other security
mechanisms to ensure that only authorized usersmechanisms to ensure that only authorized users
cancan accessaccess thethe networknetwork and that the data cannot beand that the data cannot be
interceptedintercepted
Export Control LegislationExport Control Legislation
Cybersquatting LegislationCybersquatting Legislation
The Collection of Information Anti-piracy ActThe Collection of Information Anti-piracy Act
